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◉Rationale of Duty . Answer: No general duty to act or speak legally.
◉Insured . Answer: Party responsible for disclosing relevant
information.
◉Insurer . Answer: Party receiving disclosures and assessing risk.
◉Material Facts . Answer: Information affecting risk and insurance
terms.
◉Actual Knowledge . Answer: Facts known directly by the insured.
◉Constructive Knowledge . Answer: Facts that should have been known
by the insured.
, ◉Breach of Duty . Answer: Failure to disclose material facts; leads to
mala fides.
◉Mala Fides . Answer: Bad faith; grounds for insurer to avoid liability.
◉Voidable Policy . Answer: Policy can be canceled due to non-
disclosure.
◉Claims Denial . Answer: Insurer not liable for claims if duty breached.
◉Return of Premium . Answer: Insurer must refund premium if policy
voided.
◉Mutual and Federal v Oudtshoorn Municipality . Answer: Case
establishing duty of good faith in insurance.
◉Good Faith . Answer: Obligation to act honestly in insurance
contracts.
◉Utmost Good Faith . Answer: Standard of honesty required in
insurance dealings.